Auto Insurance: What does Limited Tort
mean to you and your family?

We have received numerous calls from people who have been injured in traffic accidents. Often times, the caller is not even aware of what tort option they have on their auto policy or how it relates to their potential for recovery for injuries. Regretfully, on many occasions, I must advise the injured person that because they have chosen the Limited Tort option on their car insurance policy, they will not be able to seek damages for their pain and suffering from the careless driver that caused their accident. Needless to say, those people are very unhappy. Under Limited Tort, the insured, and the insured’s household members (i.e. spouse and/or your children), are barred from recovering for pain and suffering caused by an injury, unless the injury is deemed to be “serious”. You may be surprised to know that the courts have ruled that injuries such as herniated disks, fractured bones, and painful nerve or ligament injuries, are not necessarily considered to be “serious” injuries as defined by law. An injury which results in you losing weeks and even months from work may also not be considered “serious” even though the impact on your financial affairs may be severe.

Although the promise of a lower insurance premium may seem to justify giving up your rights, in the long run it could be a very costly decision, barring you and/or members of your family from recovering monies that would otherwise be rightfully claimed for pain and suffering. This is especially so considering you normally save only 5-10% of your premium amount by selecting Limited Tort.